Tuesday, November 15, 2016

Why there is no Castle Doctrine in Canada as in many US states?

In Canada we have a “reasonable” right to self defense.

If someone steps onto your property without your permission, you do not have the right to use a weapon on them, unless you have a reason to believe they are going to do you harm. If they threaten you, on the other hand, you have a right to defend yourself. You don’t have the right to kill them, unless in a reasonable person’s eyes, they have intent and ability to kill you.

If someone on crutches came onto you property and you had the opportunity to run away, it would not be reasonable to use force on them, if you have the ability to get away.

You also have the right to refuse entry. If someone is coming up to your door with the ability to bust it down, it is reasonable to be able to defend yourself.

It is not reasonable to attack someone once the threat is over - if they are walking away from you.

Canadian Criminal Law/Defences/Self-Defence and Defence of Another



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